News & Analysis as of

DOJ Shifts Stance on False Statements Prosecutions - A Change That Could Have a Major Impact on Future White Collar...

The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001. This statute makes it a crime to "knowingly and...more

SEC Settles Financial Fraud Case

Two senior executives at Veolia Environmental Services Special Services, a U.S. subsidiary of Paris based multi-national Veolia Environment S.A., were named in and resolved a financial fraud case with the SEC. SEC v. Hohol,...more

M&A Agreements: Limitations on Contractual and Extra-Contractual Liabilities©

In This Issue: - Perspective - Pre-Signing Definitive Documents - Between Sign and Close - Post-Closing: Fraud Claims - Post-Closing: Survival Clauses - More on Fraud: Not all Erroneous Statements of...more

Texas Federal District Court Allows Government’s FCA/FIRREA Mortgage Suit To Proceed

On September 10, the U.S. District Court for the Southern District of Texas denied a mortgage lender’s motion to dismiss the federal government’s claims that the lender and two of its executives knowingly made false...more

Matter of Pinzon: Making False Statements Under 18 USC § 1001(a)(2) Is A Crime Involving Moral Turpitude

The Board of Immigration Appeals (BIA) recently held in Matter of Pinzon, 26 I&N Dec. 189 (BIA 2013), that convictions under 18 USC § 1001(a)(2) for “knowingly and willfully making any materially false, fictitious, or...more

FBAR Violations Lead to Other Charges

In a recent decision a Federal Appeals Court sustained the criminal conviction of a taxpayer for failing to file FBARs, filing false income tax returns and mail fraud and student loan fraud. The scheme was both complex and...more

UK Bribery Act: Serious Fraud Office Announces its First Prosecutions

On 14 August, the Serious Fraud Office (SFO) announced that four men connected to Sustainable AgroEnergy plc have been charged with offences of conspiracy to commit fraud by false representation and conspiracy to furnish...more

FHFA Announces Settlement In Lead MBS Action

On July 25, the FHFA announced that a financial institution agreed to pay roughly $885 million to settle allegations that the offering documents it provided to Fannie Mae and Freddie Mac in connection with the sale of...more

White Collar Watch - July 2013

In This Issue: - Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets - Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution -...more

Ninth Circuit Affirms Radical Bunny LLC Managers’ Securities Violations

The US Court of Appeals for the Ninth Circuit upheld summary judgment in favor of the Securities and Exchange Commission, finding that managers of unregistered broker-dealer Radical Bunny LLC (Radical Bunny) failed to raise...more

Short Wins - Three Odd Cases

Three odd cases were decided last week in the federal circuits....more

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